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2025 DAILYLAW 19257 (ALL)

COMMITTEE OF MANAGEMENT RANI AVANTI BAI INTER COLLEGE AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/4556/2025 · 2025-03-02

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29902 Court No. - 32 Case :- WRIT - C No. - 4556 of 2025 Petitioner :- Committee Of Management Rani Avanti Bai Inter College And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar,Hritudhwaj Pratap Sahi Counsel for Respondent :- C.S.C.,Shivendra Bahadur Singh Hon'ble Saral Srivastava,J. Order on Civil Misc. Impleadment Application No.2 of 2025:- 1. The present impleadment application has been filed by the applicant-Bhudev Singh to implead as respondents No.5 in the array of the parties in the writ petition. 2. Learned counsel for the parties have no objection if the impleadment application is allowed. 3. Accordingly, the impleadment application is allowed. Learned counsel for applicant is permitted to carry out the necessary impleadment in the array of the parties during the course of the day. Order on Writ Petition:- 1. Heard learned counsel for the petitioners, learned Standing Counsel for respondent No.1 to 3, Sri S.B. Singh, learned counsel for the respondent No.4 and learned counsel appearing for newly impleaded respondent No.5. 2. This Court on 18.02.2025 passed the following order:- "Heard Sri V.K. Singh, learned Senior Counsel assisted by Sri H.P. Sahi, learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Ashok Khare, learned Senior Counsel assisted by Sri Shashank Bhushan Pandey, learned counsel for the caveator. Sri R.P. Tiwari, learned Standing Counsel is directed to seek instructions in the matter as to whether the report of the Director of Education dated 10.12.2024 referred in paragraph 5 of the impugned order has been supplied to the petitioner or not. He is further directed to produce the report dated 10.12.2024 on the next date fixed. In case, instruction is not supplied by the next date fixed, the respondent no.2-Director of Education (Madhyamik), U.P., Lucknow shall remain present before the Court alongwith record to assist the Court. List this case in top ten cases on 03.03.2025." 3. Sri R.P. Tiwari, learned Standing Counsel based on the instructions received by him which is taken on record submits that the report of the Director of Education dated 10.12.2024 referred to in Paragraph No.5 of the impugned order has not been supplied to the petitioner. In such view of the fact, it is a case of violation of the principles of natural justice. 5. Accordingly, the impugned order dated 13.01.2025 passed by the respondent No.1-State Government cannot be sustained in law and it is set aside. The matter is remitted to the respondent No.1-State Government to decide the claim of the parties afresh strictly in accordance with law within a period of two months from the date of production of certified copy of this order. 6. The writ petition is allowed with no order as to cost. Order Date :- 3.3.2025 SS Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad